Muntayaz and another v. Mahesh Chand Sharma and another), whereby compensation of Rs

12.07.2015. The first information report regarding the accident was registered on 12.03.2014 at 12:15 hours at P.S. Sardhana, District Meerut being Case Crime No.157/14 u/s 279 and 338 IPC against the unknown driver of the offending Truck No.UP-15-BT-3349, which disclosed that when the deceased was closing the Dala, then the Truck was reversed, due to which the deceased sustained grievous injuries, who was admitted to the Safdarjung Hospital, New Delhi for treatment in a serious 2 FAFO No. 2420 of 2025 condition. After investigation, charge sheet was submitted against the owner-cum-driver of the offending Truck Mahesh Chand Sharma, under Section 279, 338 I.P.C.

3. The deceased worked as a cleaner on Truck No.UP-44-F-6078 which belonged to Aas Muhammad, village Daula, District Baghpat and was getting salary of Rs.6,000/- per month at the time of the accident but he suffered permanent disability due to the injuries sustained in the accident. The claimants filed the disability certificate of the deceased, according to which, he became 100% disabled. Dr. R.M. Gupta was examined as PW-4 to prove the disability certificate, nature of injuries sustained by the deceased and the cause of death, who proved that due to the injuries sustained in the accident, the deceased became 100% disabled, was confined to bed, suffered bed sores and remained in continuous treatment after the accident, who died due to the injuries sustained in the accident.

4. The Tribunal assessed the income of the deceased at Rs.6,000/- per month, deducted 1/3rd towards personal expenses, applied multiplier of 18, granted Rs.15,000/- each towards loss of estate and funeral expenses, however failed to award compensation for loss of consortium and interest on future prospects and as such, awarded compensation of Rs.12,39,600/- along with 7% interest per annum which was ordered to be indemnified by the Insurance Company.

5. Learned counsel for the appellant Insurance Company submitted that the deceased was taken for treatment immediately after the accident to the Safdarjung hospital and the admission slip discloses that he sustained injuries due to falling of heavy object on his head. Learned counsel submitted that nowhere in this admission slip, it was mentioned that he sustained injuries in a road accident. Learned counsel further submitted that there was no evidence on record to prove that he sustained injuries when the offending Truck was being reversed and as such, the whole claim was doubtful. It was further submitted that no post-mortem of the deceased was conducted and as such, there was no nexus between the nature of injuries suffered by the deceased and his cause of death.

6. Per contra, learned counsel for the claimant-respondent nos.1 and 2 submitted that there was no infirmity in the judgment of the Tribunal because the claimants have proved that the accident occurred when the 3 FAFO No. 2420 of 2025 deceased was closing the Dala of the offending Truck while standing in the rear of the Truck, when the driver suddenly reversed the Truck, due to which the Dala of the offending Truck fell on the head of the deceased resulting in serious injuries to his head, neck and spine, which was proved from the documents of the hospital submitted by the claimants and the evidence of Doctor R.M. Gupta (PW-4), who proved the nature of injuries, extent of disability and the cause of death of the deceased. Learned counsel submitted that it was not mandatory for the claimants to submit post-mortem report. Learned counsel submitted that in view of the above evidence, the claimants proved that it was the driver of the Truck whose rash and negligent driving caused the accident and further, the deceased died due to the injuries sustained in the accident.

7. I have heard learned counsel for the parties and perused the impugned judgment and documents annexed with the appeal.

8. It is true that the medico legal report of the deceased issued by Safda rjung hospital, New Delhi dated 05.03.2014 discloses that he suffered injuries when a heavy object fell on his head at 7:00 a.m. on 04.03.2014. It is apparent that the deceased suffered serious injuries, blood was oozing out from his ear, he was vomiting, there was pain in his neck and cervical region, there was loss of sensation below the nipples. It was not expected from the deceased, who was in a serious condition or the persons, who brought him for treatment, to disclose all the accidental history or the exhaustive details of the accident to the doctor preparing the medico legal report. It is not a statutory requirement that at the time of the admission of an injured in the hospital, the patient or his relatives are required to disclose the full accidental history. In view of this, only on the basis of the medico legal report, which mentions that the deceased suffered injuries when a heavy object fell on his head, does not make the claimants case doubtful.

9. It is specifically mentioned in the claim petition that the deceased was standing by the road side of village Milak, and was intending to go to Sardhana then at about 6:00 a.m. on 04.03.2014, the offending Truck stopped and its driver asked the deceased to close the Dala and when he was doing so, suddenly the driver reversed the Truck, causing serious head and spinal injuries to the deceased, who ultimately due to the above 4 FAFO No. 2420 of 2025 injuries died on 12.07.2015.

10. The claimants have examined Istekar PW-2 as an eye witness of the accident, who disclosed that the deceased was standing by the road side of Milak bus stand, and was intending to go to Sardhana at about 6:00 a.m. on 04.03.2014, then the offending Truck which was coming from Daurala stopped and its driver asked the deceased to close the Dala and when the deceased was closing it, then the driver suddenly reversed the Truck, due to which, the deceased sustained serious injuries on his head, his neck and spine were broken. It was also disclosed that the Truck driver fled from the spot, the deceased was taken to the Government Hospital Sardhana from where he was referred to Subharti Hospital, Meerut from there, he was taken to Safdarjung Hospital, New Delhi.

11. PW-3 Najma deposed that in the accident, the neck bone of the deceased was broken, who was not cured and ultimately died due to the above injury. She further deposed that the deceased was bed ridden.

12. Dr. Ram Mohan Gupta (PW-4) deposed that he had issued disability certificate of the deceased which mentioned that he sustained 100% permanent disability because there was no sensations in his hands and legs, he was suffering from quadriplegia and was unable to perform his daily chores. This witness further deposed that the deceased died due to the injuries suffered in the accident.

13. In view of the above evidence on record, the Tribunal has concluded that the accident occurred due to the negligence of the driver of the offending Truck, when it suddenly reversed the Truck, when the deceased was closing the Dala. The Tribunal also concluded that even in the absence of autopsy report, there was sufficient evidence on record to prove that the deceased suffered 100% permanent disability due to the injuries suffered in the accident and ultimately died due to these injuries on 12.07.2015. There is no perversity in the above findings recorded by the Tribunal. The owner-cum-driver of the offending Truck has not appeared in the witness box to contradict the claim and even the insurance company failed to adduce any evidence.

14. No other issue was pressed by learned counsel for the appellant. 5 FAFO No. 2420 of 2025

15. In view of the aforesaid facts, there is no illegality in the impugned judgment of the Tribunal, as such, this appeal has no merits and is liable to be dismissed at the admission stage.

16. Accordingly, this appeal is dismissed at the admission stage.

17. Office is directed to remit back the statutory deposit made by the appellant at the time of filing of the appeal to the concerned Tribunal, forthwith. October 15, 2025 Jitendra (Sandeep Jain,J.) JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

12.07.2015. The first information report regarding the accident was registered on 12.03.2014 at 12:15 hours at P.S. Sardhana, District Meerut being Case Crime No.157/14 u/s 279 and 338 IPC against the unknown driver of the offending Truck No.UP-15-BT-3349, which disclosed that when the deceased was closing the Dala, then the Truck was reversed, due to which the deceased sustained grievous injuries, who was admitted to the Safdarjung Hospital, New Delhi for treatment in a serious 2 FAFO No. 2420 of 2025 condition. After investigation, charge sheet was submitted against the owner-cum-driver of the offending Truck Mahesh Chand Sharma, under Section 279, 338 I.P.C.

3. The deceased worked as a cleaner on Truck No.UP-44-F-6078 which belonged to Aas Muhammad, village Daula, District Baghpat and was getting salary of Rs.6,000/- per month at the time of the accident but he suffered permanent disability due to the injuries sustained in the accident. The claimants filed the disability certificate of the deceased, according to which, he became 100% disabled. Dr. R.M. Gupta was examined as PW-4 to prove the disability certificate, nature of injuries sustained by the deceased and the cause of death, who proved that due to the injuries sustained in the accident, the deceased became 100% disabled, was confined to bed, suffered bed sores and remained in continuous treatment after the accident, who died due to the injuries sustained in the accident.

4. The Tribunal assessed the income of the deceased at Rs.6,000/- per month, deducted 1/3rd towards personal expenses, applied multiplier of 18, granted Rs.15,000/- each towards loss of estate and funeral expenses, however failed to award compensation for loss of consortium and interest on future prospects and as such, awarded compensation of Rs.12,39,600/- along with 7% interest per annum which was ordered to be indemnified by the Insurance Company.

5. Learned counsel for the appellant Insurance Company submitted that the deceased was taken for treatment immediately after the accident to the Safdarjung hospital and the admission slip discloses that he sustained injuries due to falling of heavy object on his head. Learned counsel submitted that nowhere in this admission slip, it was mentioned that he sustained injuries in a road accident. Learned counsel further submitted that there was no evidence on record to prove that he sustained injuries when the offending Truck was being reversed and as such, the whole claim was doubtful. It was further submitted that no post-mortem of the deceased was conducted and as such, there was no nexus between the nature of injuries suffered by the deceased and his cause of death.

6. Per contra, learned counsel for the claimant-respondent nos.1 and 2 submitted that there was no infirmity in the judgment of the Tribunal because the claimants have proved that the accident occurred when the 3 FAFO No. 2420 of 2025 deceased was closing the Dala of the offending Truck while standing in the rear of the Truck, when the driver suddenly reversed the Truck, due to which the Dala of the offending Truck fell on the head of the deceased resulting in serious injuries to his head, neck and spine, which was proved from the documents of the hospital submitted by the claimants and the evidence of Doctor R.M. Gupta (PW-4), who proved the nature of injuries, extent of disability and the cause of death of the deceased. Learned counsel submitted that it was not mandatory for the claimants to submit post-mortem report. Learned counsel submitted that in view of the above evidence, the claimants proved that it was the driver of the Truck whose rash and negligent driving caused the accident and further, the deceased died due to the injuries sustained in the accident.

7. I have heard learned counsel for the parties and perused the impugned judgment and documents annexed with the appeal.

8. It is true that the medico legal report of the deceased issued by Safda rjung hospital, New Delhi dated 05.03.2014 discloses that he suffered injuries when a heavy object fell on his head at 7:00 a.m. on 04.03.2014. It is apparent that the deceased suffered serious injuries, blood was oozing out from his ear, he was vomiting, there was pain in his neck and cervical region, there was loss of sensation below the nipples. It was not expected from the deceased, who was in a serious condition or the persons, who brought him for treatment, to disclose all the accidental history or the exhaustive details of the accident to the doctor preparing the medico legal report. It is not a statutory requirement that at the time of the admission of an injured in the hospital, the patient or his relatives are required to disclose the full accidental history. In view of this, only on the basis of the medico legal report, which mentions that the deceased suffered injuries when a heavy object fell on his head, does not make the claimants case doubtful.

9. It is specifically mentioned in the claim petition that the deceased was standing by the road side of village Milak, and was intending to go to Sardhana then at about 6:00 a.m. on 04.03.2014, the offending Truck stopped and its driver asked the deceased to close the Dala and when he was doing so, suddenly the driver reversed the Truck, causing serious head and spinal injuries to the deceased, who ultimately due to the above 4 FAFO No. 2420 of 2025 injuries died on 12.07.2015.

10. The claimants have examined Istekar PW-2 as an eye witness of the accident, who disclosed that the deceased was standing by the road side of Milak bus stand, and was intending to go to Sardhana at about 6:00 a.m. on 04.03.2014, then the offending Truck which was coming from Daurala stopped and its driver asked the deceased to close the Dala and when the deceased was closing it, then the driver suddenly reversed the Truck, due to which, the deceased sustained serious injuries on his head, his neck and spine were broken. It was also disclosed that the Truck driver fled from the spot, the deceased was taken to the Government Hospital Sardhana from where he was referred to Subharti Hospital, Meerut from there, he was taken to Safdarjung Hospital, New Delhi.

11. PW-3 Najma deposed that in the accident, the neck bone of the deceased was broken, who was not cured and ultimately died due to the above injury. She further deposed that the deceased was bed ridden.

12. Dr. Ram Mohan Gupta (PW-4) deposed that he had issued disability certificate of the deceased which mentioned that he sustained 100% permanent disability because there was no sensations in his hands and legs, he was suffering from quadriplegia and was unable to perform his daily chores. This witness further deposed that the deceased died due to the injuries suffered in the accident.

13. In view of the above evidence on record, the Tribunal has concluded that the accident occurred due to the negligence of the driver of the offending Truck, when it suddenly reversed the Truck, when the deceased was closing the Dala. The Tribunal also concluded that even in the absence of autopsy report, there was sufficient evidence on record to prove that the deceased suffered 100% permanent disability due to the injuries suffered in the accident and ultimately died due to these injuries on 12.07.2015. There is no perversity in the above findings recorded by the Tribunal. The owner-cum-driver of the offending Truck has not appeared in the witness box to contradict the claim and even the insurance company failed to adduce any evidence.

14. No other issue was pressed by learned counsel for the appellant. 5 FAFO No. 2420 of 2025

15. In view of the aforesaid facts, there is no illegality in the impugned judgment of the Tribunal, as such, this appeal has no merits and is liable to be dismissed at the admission stage.

16. Accordingly, this appeal is dismissed at the admission stage.

17. Office is directed to remit back the statutory deposit made by the appellant at the time of filing of the appeal to the concerned Tribunal, forthwith. October 15, 2025 Jitendra (Sandeep Jain,J.) JITENDRA KUMAR PATEL High Court of Judicature at Allahabad